Jul 27, 2021

Rhodes sentenced to 66 months

Posted Jul 27, 2021 11:09 PM

By ROD ZOOK

Hutch Post

HUTCHINSON, Kan. — A 31-year-old Hutchinson woman who recently entered guilty pleas stemming from an accident that killed one person and injured several others was sentenced Tuesday afternoon in Reno County District Court.

Viola Rhodes was given 5 1/2 years in prison for a count of involuntary manslaughter while intoxicated and six 8-month sentences for aggravated battery. The sentences were ordered to run together so the final sentence was 5 1/2 years.

Rhodes pleaded guilty in May to involuntary manslaughter while driving under the influence and six counts of aggravated battery. In exchange, prosecutors agreed not to charge her with reckless second-degree murder. 

In an emotional hearing, victims of the accident stood up and spoke about the night their friend and family member Brian Bookout was killed. They told of the accident in which Rhodes was said to have purposely jerked the wheel in retaliation for her passengers expressing concern that she was looking at her phone while driving. That action by Rhodes caused her to lose control of the SUV, resulting in the accident. Rhodes sat motionless with her eyes closed at times or staring straight ahead as the hearing went on. She did get up to speak, saying she was sorry to the family for what happened.

The defense argued for a departure of the sentence, asking for community corrections instead of prison time. The argument was that Rhodes had little criminal history other than a DUI in which she went through diversion. The defense also mentioned her family and work ethic as reasons for departing from the sentence. But District Attorney Tom Stanton argued that when Rhodes got the first DUI years ago, she should have learned her lesson and she didn't. Stanton also told judge Trish Rose that Rhodes will get to see her family again, Bookout won’t. With that, Rose denied the departure and handed down the mid-range sentence. 

Rhodes was driving a van on Yoder Road Dec. 5, 2020, when the vehicle overturned, ejecting Bookout. Two passengers were taken to Hutchinson Regional and four others were treated by EMS at the scene.

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